State of Illinois
90th General Assembly

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      ILCON, Art. VI, Sec. 15
          Proposes to amend the Judiciary Article of  the  Illinois
      Constitution to delete language preventing retired Judges and
      Associate Judges who perform judicial services from receiving
      retirement  benefits  in  addition to applicable compensation
      for the services performed.  Effective upon approval  by  the
 1                       SENATE JOINT RESOLUTION
 2                      CONSTITUTIONAL AMENDMENT
 5    CONCURRING HEREIN, that  there  shall  be  submitted  to  the
 6    electors  of  the  State  for  adoption  or  rejection at the
 7    general election next occurring at least 6 months  after  the
 8    adoption of this resolution a proposition to amend Section 15
 9    of Article VI of the Illinois Constitution as follows:
10                             ARTICLE VI
11                            THE JUDICIARY
12        (ILCON Art. VI, Sec. 15)
14        (a)  The  General  Assembly  may  provide  by law for the
15    retirement of Judges and Associate  Judges  at  a  prescribed
16    age.  Any retired Judge or Associate Judge, with his consent,
17    may be assigned by the Supreme Court to judicial service  for
18    which he shall receive the applicable compensation in lieu of
19    retirement   benefits.  A  retired  Associate  Judge  may  be
20    assigned only as an Associate Judge.
21        (b)  A Judicial Inquiry Board  is  created.  The  Supreme
22    Court  shall  select  two  Circuit  Judges as members and the
23    Governor shall appoint four persons who are not  lawyers  and
24    three  lawyers  as  members of the Board. No more than two of
25    the lawyers and two  of  the  non-lawyers  appointed  by  the
26    Governor  shall  be  members of the same political party. The
27    terms of Board members shall be four years. A vacancy on  the
28    Board  shall  be  filled  for  a  full term in the manner the
29    original appointment was made. No member  may  serve  on  the
30    Board more than eight years.
31        (c)  The   Board  shall  be  convened  permanently,  with
32    authority to  conduct  investigations,  receive  or  initiate
33    complaints  concerning  a  Judge or Associate Judge, and file
                            -2-                LRB9007682DPcw
 1    complaints with the Courts Commission. The  Board  shall  not
 2    file   a   complaint  unless  five  members  believe  that  a
 3    reasonable basis exists (1) to charge the Judge or  Associate
 4    Judge  with  willful misconduct in office, persistent failure
 5    to perform his duties, or other conduct that  is  prejudicial
 6    to  the administration of justice or that brings the judicial
 7    office into disrepute, or (2) to charge  that  the  Judge  or
 8    Associate  Judge  is physically or mentally unable to perform
 9    his  duties.  All  proceedings  of   the   Board   shall   be
10    confidential except the filing of a complaint with the Courts
11    Commission. The Board shall prosecute the complaint.
12        (d)  The   Board   shall   adopt   rules   governing  its
13    procedures. It shall have subpoena  power  and  authority  to
14    appoint  and  direct  its staff. Members of the Board who are
15    not Judges shall receive per diem compensation and  necessary
16    expenses;  members  who  are  Judges  shall receive necessary
17    expenses only. The General Assembly by law shall  appropriate
18    funds for the operation of the Board.
19        (e)  A  Courts  Commission  is  created consisting of one
20    Supreme Court Judge selected by that Court, who shall be  its
21    chairman,  two Appellate Court Judges selected by that Court,
22    and two Circuit Judges selected by  the  Supreme  Court.  The
23    Commission  shall  be convened permanently to hear complaints
24    filed by the Judicial Inquiry  Board.  The  Commission  shall
25    have authority after notice and public hearing, (1) to remove
26    from  office,  suspend  without  pay,  censure or reprimand a
27    Judge or Associate Judge for willful  misconduct  in  office,
28    persistent  failure  to  perform his duties, or other conduct
29    that is prejudicial to the administration of justice or  that
30    brings the judicial office into disrepute, or (2) to suspend,
31    with or without pay, or retire a Judge or Associate Judge who
32    is physically or mentally unable to perform his duties.
33        (f)  The  concurrence  of three members of the Commission
34    shall be necessary  for  a  decision.  The  decision  of  the
                            -3-                LRB9007682DPcw
 1    Commission shall be final.
 2        (g)  The  Commission  shall  adopt  rules  governing  its
 3    procedures  and  shall  have  power  to  issue subpoenas. The
 4    General Assembly shall provide by law for the expenses of the
 5    Commission.
 6    (Source: Illinois Constitution.)
 7                              SCHEDULE
 8        This Constitutional Amendment takes effect upon  approval
 9    by the electors of this State.

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